On a motion to dismiss a cause of action pursuant to CPLR 3211(a)(5) on the ground that it is barred by the statute of limitations, a defendant bears the initial burden of establishing, prima facie, that the time in which to sue has expired. The burden then shifts to the plaintiff to present admissible evidence establishing that the action was timely or to raise a question of fact as to whether the action was timely. Where an action involves claims that could have been made in another proceeding for which there is a specific limitation period, the action is subject to the shorter limitations period. So, where a proceeding could have been brought pursuant to CPLR article 78, the four-month statute of limitations applicable to such proceedings applies.
Argo v. NYCERS, NY Slip Op 06151 (2d Dep't November 12, 2025)
